Senate Bill S458

2011-2012 Legislative Session

Grants tenants right to withhold portion of rent for failure of landlord to provide heat

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S458 (ACTIVE) - Details

See Assembly Version of this Bill:
A5948
Current Committee:
Senate Rules
Law Section:
Real Property Law
Laws Affected:
Add ยง235-h, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3858, A414
2013-2014: S3168, A251
2015-2016: S2871, A5733
2017-2018: S3322, A11081, A11091
2019-2020: A2766

2011-S458 (ACTIVE) - Summary

Grants tenants right to withhold one-tenth of one month's rent for each day the owner of a multiple dwelling fails to provide heat during winter months, from November to March, where the landlord is given 24 hours notice of insufficient heat.

2011-S458 (ACTIVE) - Sponsor Memo

2011-S458 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   458

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens. KRUEGER, DUANE, HUNTLEY, SERRANO, STAVISKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Judiciary

AN  ACT  to  amend  the  real  property law, in relation to the right of
  tenants to withhold  rent  payments  for  the  landlord's  failure  to
  provide heat

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The real property law is amended by adding  a  new  section
235-h to read as follows:
  S 235-H. TENANT RIGHT TO WITHHOLD RENT FOR FAILURE TO PROVIDE HEAT. IF
ANY  OWNER  OF A MULTIPLE DWELLING RESPONSIBLE FOR PROVIDING HEAT TO THE
TENANTS OF SUCH DWELLING SHALL FAIL TO PROVIDE SUCH SERVICE WITHIN TWEN-
TY-FOUR HOURS OF A NOTIFICATION BY THE TENANT TO THE OWNER, HIS  OR  HER
AGENT,  EMPLOYEE OR REPRESENTATIVE, THAT SUCH TENANT IS RECEIVING INSUF-
FICIENT HEAT DURING THE MONTHS OF NOVEMBER  THROUGH  MARCH,  THE  TENANT
SHALL HAVE THE RIGHT TO DEDUCT ONE-TENTH OF ONE MONTH'S RENT FROM HIS OR
HER  RENT  PAYMENTS FOR EACH DAY ON WHICH THE OWNER SHALL HAVE FAILED TO
PROVIDE HEAT.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00946-01-1

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